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Outsourcing: A Practical Guide 2nd ed

Edited by: Kit Burden

ISBN13: 9781787424302
Previous Edition ISBN: 9781909416659
Published: February 2021
Publisher: Globe Law and Business
Country of Publication: UK
Format: Hardback
Price: £175.00



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Outsourcing remains a global growth industry. New technologies and approaches have transformed the way in which services can be delivered with ever better service quality and lower cost, with robotic process automation (RPA) significantly reducing the numbers of supplier personnel required to deliver such projects, and the application of artificial intelligence tools dramatically improving some of the service outputs and outcomes. Now that the world is facing up to the impact of Covid-19 in terms of pressures on cost bases and the realisation that far more roles than previously understood can be effectively undertaken remotely, we can anticipate that there will be a further step change in the use of outsourcing as a core business strategy.

This book is the fully updated second edition of the key text on outsourcing written by the market-leading global technology and sourcing team at DLA Piper, one of the world's largest law firms. Writing from both a legal and commercial perspective, it considers the complete lifecycle of an outsourcing contract and the variety of legal and contractual issues that can arise in connection with such a project, from the initial genesis of the proposal to outsource all the way through the procurement process and onto post-contract signature contract management. In so doing, it also breaks down the core outsourcing contract into its constituent parts, explains the rationale for the relevant provisions (from both a customer and service provider perspective), and provides guidance as to current market practice, options and trends, including individual nuances relevant to particular jurisdictions.

The second edition also features new coverage of:

  • The use of cloud 'backbones'
  • New technologies such as RPA/artificial intelligence
  • Digital transformation
  • Data privacy, and
  • Outsourcing in heavily regulated sectors

    Whether you are a user of outsourced services, an adviser on outsourcing projects or working with a service provider engaged in the provision of the outsourced services itself, this publication will provide you with an end-to-end guide to the outsourcing contracting process and the detailed terms to be considered and carefully negotiated.

Subjects:
Commercial Law
Contents:
Part 1: Preparing to outsource
Introduction
Kit Burden
State of the outsourcing market
Duncan Pithouse
Overview of the procurement, negotiation and delivery process
Kit Burden
Part 2: Practical guidance and risks
Role of the client
Mark Rasdale
Practical perils and pitfalls
Paul Allen
Multi-jurisdictional deals
Vinny Sanchez
SIAM/Multi-vendor projects
Gareth Stokes
Different types of outsourced services
Mark Rasdale
Part 3: Key provisions and issues
Due diligence and transition
Sami Rintala
The services and service levels
Kristof de Vulder
Charges and charging models
Alessandro Ferrari
Warranties and delivery commitments
Anne Friedman
Confidentiality, intellectual property and data
John McKinlay
Liability and indemnities
Nicholas Boyle, Clare Gregory
HR and ARD/TUPE
Kai Bodenstedt
Clare Gregory
Termination and step in rights
Chloe Forster
Assets and third party contracts
Gregory Manter
Governance, vendor management and dispute resolution
Simon Kenyon
Renegotiations, retenders and reversibility
Jeanne Dauzier, Jonathan Rofé
Part 4: Miscellaneous issues
Impact upon outsourcing of AI and automation
Nicholas Boyle, Gareth Stokes
Outsourcing in the age of digital evolution
Mark O'Conor, Vinny Sanchez
Data protection
Rachel De Souza, Ross McKean, Scott Thiel
Case study: outsourcing in a regulated industry
Duncan Pithouse, Jan Pohle
Regional views
Australia
Nicholas Boyle
Belgium
Kristof de Vulder, Raf Schoefs
China
Scott Thiel
Finland
Sami Rintala
France
Jonathan Rofé
Germany
Jan Pohle
Italy
Alessandro Ferrari, Filippo Grondona, Giacomo Lusardi
Netherlands
Joris Willems
United Arab Emirates
Paul Allen
United Kingdom
Kit Burden
United States
Gregory Manter